Accidents and unforeseen illnesses can throw your life around. It can be a motor vehicle accident, slipping on icy walkways, or falling sick for long periods. You should know about your legal rights. If you are disabled or injured, you can be awarded compensation or benefits. There are, however, guidelines and acts that you need to abide by to secure your rights. In this article, we will break down personal injury claims, accident benefits, and disability claims and give you an overview of why a disability lawyer could be a lifesaver.
What is a Personal Injury Lawsuit?
Personal Injury Lawsuit is where a hurt person sues the negligent party who caused his or her harm. It may be a person, a corporation, or even an insurance firm that refuses to give benefits. Some examples of personal injury lawsuits are:
- Motor Vehicle Accidents – Car, truck, and motorcycle accidents due to another driver’s negligence.
- Bike and Pedestrian Accidents – Cyclists or pedestrians are hurt as a result of careless motorists or hazardous roadways.
- Slip/Trip and Fall – These are Accidents that are caused by hazardous conditions on public or private property.
- Disability Claims – Denials of short- or long-term disability benefits by insurers.If you wish to sue, you will have to do so within two years of the accident. This is called the Limitation Period. If you don’t meet the deadline, you could be denied the right to sue.
Accident Benefits: What You Should Know
Your accident benefits are being paid under your auto insurance policy and assist you in paying for such expenses as medical bills, rehabilitation, and lost income. What you should know:
- You have to report the accident to the insurer within 7 days.
- Your insurer will mail you an OCF-1 Application for Accident Benefits form.
- You have to file the filled-out form in 30 days so payments would not be held up or rejected.
- No-Fault System – The question of who was responsible for the accident does not matter; you can still receive benefits.
- Missing these deadlines may end up losing benefits, recovery becoming even more difficult. A disability attorney will assist you in receiving the compensation that is rightfully yours.
Slip/Trip and Falls: Special Notice Requirements
Slips and falls occur frequently, particularly during winter. If you slip and become injured, notice requirements prior to bringing a suit:
Falls on Municipal Property
- You have to give the city notice in writing within 10 days (under Section 44(10) of the Municipal Act).
- Provide information regarding the fall, date, time, and location.
Falls on Private Property
- As of January 29, 2021, for falls due to snow or ice, you have 60 days within which to provide written notice.
- For any other type of fall, you do have two years within which to bring your suit, but it is recommended that you notify the owner of the property right away.
If you do not give adequate notice, you could lose your right to bring a lawsuit. An attorney for disability will assist in ensuring your claim is in accordance with all regulations.
Short-Term Disability (STD) Benefits
If sickness or an accident keeps you from working past your employer’s sick time, you might be eligible for Short-Term Disability (STD) benefits.
- STD usually starts a couple of days after you stop working.
- The duration of coverage is from 15 to 52 weeks, depending on coverage.
- The benefits replace partial or total loss of income.
- Your physician will need to certify you are medically unable to work.
Most STD claims are denied due to a lack of medical documentation or missed deadlines. A disability attorney can help prepare the proper forms to support your claim.
Long-Term Disability (LTD) Benefits
If your illness renders you unable to return to work following your STD period, you might need to claim Long-Term Disability (LTD) benefits. Below are important considerations to review in your LTD policy:
- Definition of Disability – While some policies only pay if you cannot perform any job, others pay if you cannot perform your current job.
- Benefit Duration – The majority of LTD policies will pay until age 65.
- Benefit Amount – Typically, a sum that is a percentage of your income.
- Pre-Existing Condition Clause – Pre-existing medical conditions might not be covered under some policies.
LTD claims usually get rejected by insurance providers based on the line that you are not “disabled enough” for them to make payments to you. You are able to object to the refusal and secure your benefits using the services of a disability attorney.
Why Legal Advice Matters
Having an attorney specializing in disability can prove pivotal in ensuring fairness in getting compensation. Lawyers can:
- Remind you of what your rights are.
- Streamline the process of making a claim.
- Fight unfair denials by insurance companies.
- Take care of all the paperwork and deadlines.
- Avoid the headache of handling insurance companies on your own.
What If You Miss Deadlines?
Missing deadlines can seriously harm your case:
- You can lose your right to sue or appeal denied benefits.
- Insurance companies might not pay your benefits.
- Extension delays might cause a loss of crucial evidence in your case.
If you are not sure about deadlines, the use of a disability lawyer ensures that you will not lose out on any important steps.
Conclusion
It is important to know your rights in law after an injury or disability so that you may claim entitlement. Be it a personal injury claim, accident benefits, or disability claim, being at the right place at the right time matters. With the complexities in legal and insurance proceedings, having a disability lawyer on your side will safeguard your rights and allow you to receive the entitlement you are entitled to.